Case Summaries

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Shirt v Shirt [2012] EWCA Civ 1029

Appeal concerning a dispute between a father and son as to the legal and beneficial entitlement to a farm. The Master of the Rolls also comments upon issues relating to judges correcting transcripts of their judgments.

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A Local Authority v C & Others [2012] EWHC 1975 (Fam)

Judgment in re-hearing of fact-finding hearing concerning allegations of abuse following fresh evidence coming to light (Original fact-finding hearing reported as A Local Authority v C [2011] EWHC 231).

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W (Children) [2012] EWCA Civ 999

Appeal by father against an order for no contact to his daughters A, aged nine and B aged six

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R (TT) v London Borough of Merton [2012] EWHC 2055 (Admin)

Judicial review of local authority’s Special Guardianship Allowance policy. Policy held to be illegal.

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S (A Child) [2012] EWCA Civ 1031

Father’s appeal against a residence order that had been granted to the mother. Appeal dismissed.

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T (Children) [2012] UKSC 36

Supreme Court appeal concerning the liability of a local authority to pay the costs of a party to care proceedings. Held unanimously that the general practice of not awarding costs in care proceedings against a party, including a local authority, in the absence of reprehensible behaviour or an unreasonable stance, should not be subject to an exception in the case of discrete fact-finding hearings.

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Arif v Zar & Anor [2012] EWCA Civ 986

Application for permission to appeal Mostyn J’s order which, inter alia, transferred an annulment application to the Family Division

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L-B (Children) [2012] EWCA Civ 984

Court of Appeal decision concerning a judge’s power to alter a judgment following a fact-finding hearing after it has been handed down

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AB (A Child) [2012] EWCA Civ 978

Appeal in respect of the proper interpretation of Article 56 (placement of a child in another Member State) Council Regulation (EC) 2201/2003.

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G v G [2012] EWHC 1979 (Fam)

Application to set aside a parental order by virtue of procedural flaws and contending that, at the time of the order the mother had a concealed intention to separate and raise the child alone.

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B v B [2012] EWHC 1924 (fam)

Application by father that the court should reserve exclusive jurisdiction to itself where parties and children were all habitually resident in Dubai. Application dismissed.

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RK v RK [2011] EWHC 3910 (Fam)

Financial remedies case where the wife sought such provision from the husband that it could only be met if the trustees of trusts (of which the husband was but one of the beneficiaries) were to make resources available.

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H (A Child) [2012] EWCA Civ 913

Appeal by father against order in child abduction proceedings. Appeal allowed on the basis that the order was made as a result of a series of misunderstandings about the litigation history.

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JRG v EB [2012] EWHC 1863 (Fam)

Application by father under the Hague Convention in respect of his three sons, alleging that they were wrongfully retained in England, following an order by the French court granting residence to the father. Court declined to adjudicate the application.

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Gallarotti v Sebastianelli [2012] EWCA Civ 865

Dispute concerning a property held in one party’s sole name without a written declaration of trust and where there had been unequal financial contributions.

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Ezair v Ezair [2012] EWCA Civ 893

Appeal concerning a lump sum order in favour of the wife which had been inflated to include a substantial sum by way of a costs penalty for the husband’s litigation misconduct.

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